Land to the rear of 419 to 447 Bexhill Road (HS/OA/19/00153)
Outline application (seeking approval of access) for the reconfiguration of the car park, the erection of 16 residential units and proposed flood risk mitigation measures.
Yes – 9 letters of objection
Council application on Council owned land
The Principal Planning Officer, Mrs Wood, presented the outline application (seeking approval of access) for the reconfiguration of the car park, the erection of 16 residential units and proposed flood risk mitigation measures.
The Principal Planning Officer informed the Committee that a petition of 52 signatures was received after the publication of the agenda. Additionally, 5 further objections were also received.
The application was refused against officer recommendation at a previous Planning Committee meeting because of concerns of flooding. The application was withdrawn by the applicant before the decision notice was issued. Further information has been submitted in respect of flood risk and drainage issues to address concerns. The applicant has addressed the issues and Southern Water and East Sussex County Council are satisfied with the scheme.
The indicative layout has been designed to address the concerns around flooding and includes raised levels, surface water pumps and a swale. With the attenuation measures all flows are away from the houses to the new proposed swale.
Councillors were shown plans, photographs and elevations of the application site.
The petitioner, Rebecca Bryan, was present and spoke against the application. Ms Bryan said she was disappointed that the application was brought back and that there had been no site visits to evaluate the flood risk and the flood report authors claimed to have worked from an aerial view. There is surface water flooding at the site whenever there is any rain. Ms Bryan said that Southern Water had confirmed to her that sewage pipes could flood again and raising the ground level could increase the flood risk to neighbouring properties. The site is not in the Local Plan, and there are other locations in the plan without a flood risk which could be used. Amsterdam Way is an unfortunate example of the recent development in the area and developers have struggled to sell those properties. She said it would create additional traffic and that there was limited parking due to the bus lane.
No questions were asked of the petitioner.
The agent, Polly Canning, was present and spoke in favour of the application. Ms Canning informed the Planning Committee that the development is in a sustainable location and will make a valuable contribution of affordable housing. The scheme was discussed last October and Councillors raised concerns at that meeting. As a result over the past few months, work has been undertaken to examine those concerns. There are existing flood defences in place however further steps have been taken in order to prevent a worst case flood scenario. Ms Canning confirmed that there was an unfortunate accident where a sewage pipe burst underground. This was a one-off event and this is why Southern Water has a no build exclusion zone in place. She stated that criticism of the flood risk experts was unfortunate as they have no record of speaking to the petitioner and have visited the site. The measures proposed are all agreed by the Environment Agency. She stated that the applicant had undertaken a sequential test.
Councillors asked questions of the agent. In response to a question about the height difference between existing properties and the proposed development it was confirmed that there was a difference of no more than a metre.
The Principal Planning Officer informed the Committee that conditions 12-18 all relate to flooding and drainage measures. Conditions 23 and 24 make sure mitigation measures will be in place to protect wildlife in the area. Officers have no concerns about overlooking or overshadowing from the proposed development.
The Principal Planning Officer confirmed that flood risk experts had visited the site.
Councillors debated the application. Councillor Beaver announced the he had come to the conclusion that this is a bad development and raised concerns with the sequential test.
Councillor Beaver proposed a motion to refuse under National Planning Policy Framework paragraph 158, seconded by Councillor Marlow-Eastwood. The motion was not carried (3 for, 5 against, 1 abstention).
Councillor Davies noted that coastal defences are already in place to mitigate coastal flooding, and an array of flood mitigation measures have been incorporated that experts say will be effective. These measures are of such an extent that they will protect the existing properties from flooding.
Councillor Davies proposed a motion, seconded by Councillor Roberts to grant the application as set out in the resolution below.
RESOLVED – (5 for, 3 against, 1 abstention) that:
A) the Planning Services Manager be authorised to issue planning permission upon completion of an agreement under S106 of the Town and Country Planning Act to secure:
- a financial contribution towards libraries (£4208)
- seven affordable housing units (indicated as 4 x 1 bed flats, 2 x 2 bed houses 1 x 3 bed house)
- S278 Agreement for highway works to include right turn lane, bus cage relocation and alterations to the access
unless it has been conclusively shown that the development would not be viable and it would still be acceptable in planning terms without the identified development contributions. In the event that the Agreement is not completed by 6 December 2019 that permission be refused on the grounds that the application does not comply with the relevant policies (policies H3 and CI1) of the Hastings Local Plan, The Hastings Planning Strategy 2011-2028 or the Hastings Local Plan, Development Management Plan unless an extension of time has been agreed in writing by the Planning Services Manager in consultation with the Chair and Vice Chair of the Planning Committee.
B) Subject to the above
Grant Outline Planning Permission subject to the following conditions:
1. Approval of the details of the layout, scale and external appearance of the building(s) and the soft and hard landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.
2. Plans and particulars of the reserved matters referred to in Condition 1 above, relating to the layout, scale, external appearance of any buildings to be erected and the soft and hard landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.
3. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
4. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.
5. The development hereby permitted shall be carried out in, in terms of access only, in accordance with the following approved plans:
1611/P/001, 1611/P/002, 1611/P/003/B, 1611/P/102/A, 1611/P/103,
6. No development shall commence until the vehicular access serving the development has been constructed in accordance with details to be submitted and approved in relation to condition 1 (reserved matters) above.
7. No part of the development shall be occupied until the road(s), footways and parking areas serving the development have been constructed, surfaced, drained and lit in accordance with plans and details submitted and approved by the Local Planning Authority in relation to condition 1 (reserved matters) above. The parking areas shall thereafter be retained for that use and shall not be used other than for the parking of motor vehicles.
8. The development shall not be occupied until a turning space for vehicles has been provided and constructed in accordance with details submitted and approved in relation to condition 1 (reserved matters) above. The turning space shall thereafter be retained for that use and shall not be used for any other purpose.
9. Prior to demolition or construction works commencing on site a Construction Traffic Management Plan (CTMP) shall be submitted to and approved by the Local Planning Authority in consultation with the Highway Authority. This shall include the size of vehicles, wheel cleaning facilities, contractor parking and compound for plant/machinery and materials clear of the public highway. (Given the restrictions of the access hours of delivery/collection should avoid peak traffic flow times).
10. The development shall not be occupied until cycle and car parking areas have been provided in accordance with the details which have been submitted to and approved in relation to condition 1 (reserved matters) above. The areas shall thereafter be retained for that use and shall not be used other than for the parking of cycles or motor vehicles as relevant.
11. The details required by condition 1 shall include a Travel Plan Statement to be submitted and approved by the Local Planning Authority. This shall be completed in accordance with the latest guidance and good practice documentation as published by the Department for Transport.
12. (i) Construction of the development shall not commence until details of the proposed means of foul sewerage and surface water disposal/management have been submitted to and approved in writing by the Local Planning Authority.
(ii) Development shall then be carried out in accordance with the details approved under (i) and no occupation of any of the dwellings or flats hereby approved shall occur until those works have been completed.
(iii) No occupation of any of the dwellings or flats hereby approved shall occur until the Local Planning Authority has confirmed in writing that it is satisfied, that the necessary drainage infrastructure capacity is now available to adequately service the development.
13. The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment (February 2019) and the following mitigation measures detailed within the FRA section 7, critically:
1. All sleeping accommodation will be at first floor level
2. Remaining living accommodation at a raised level of 300mm (minimum) above the design flood level
3. Ground floor slab no less than 4.1m AOD
4. General flood resilience such as full port non-return valves and electrical circuitry installed at a minimum of 900mm above the ground floor slab.
5. The new proposals for the dwelling will comprise concrete suspended ground floors with appropriate voids/vents for any transmission of flood water passing through, to be detailed in the architectural drawings.
6. Sign up to the Environment Agency Flood warning service
The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.
14. Surface water runoff from the proposed development should be limited 3.2 l/s for rainfall events including those with a 1 in 100 (plus 40%) annual probability of occurrence. Evidence of this (in the form hydraulic calculations) should be submitted with the detailed drainage drawings. The hydraulic calculations should take into account the connectivity of the different surface water drainage features. This should include evidence that Southern Water has capacity to accept the proposed surface water discharge into its network. The detailed drainage design should include information on how surface water flows exceeding the capacity of the surface water drainage features will be managed safely. The infiltration swale must be carried forward to detailed design and implementation.
15. Evidence that Southern Water agrees to the proposed surface water discharge rate should be submitted and approved in relation to a reserved matters application required by conditions 1 and 2.
16. A maintenance and management plan for the entire drainage system should be submitted to the Local Planning Authority before any construction commences on site. This plan should clearly state who will be responsible for managing all aspects of the surface water drainage system, including piped drains, and the appropriate authority should be satisfied with the submitted details. Evidence that these responsibility arrangements will remain in place throughout the lifetime of the development should be provided to within the maintenance and management plan.
17. Prior to commencement of development on site, the applicant should submit to the Local Planning Authority for approval, measures to manage flood risk, on the site, during the construction phase.
18. Prior to occupation of the development, evidence (including photographs) should be submitted showing that the drainage system has been constructed as per the final agreed detailed drainage designs submitted as part of condition 11.
19. Prior to commencement of development a Site Characterisation investigation and risk assessment, must be submitted to and approved in writing by the Local Planning Authority in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates within the site. The investigation and risk assessment must be undertaken by competent persons. The report of the findings must include:
(i) a survey of the extent, scale and nature of contamination;
(ii) an assessment of the potential risks to:
- human health
- property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes adjoining land
- groundwaters and surface waters
- ecological systems
- archaeological sites and ancient monuments
(iii) an appraisal of remedial options, and proposal of the preferred option(s)
This must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11”
20. Submission of Remediation Scheme - Prior to commencement of development a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be submitted in writing to and approved by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental protection Act 1990 in relation to the intended use of the land after remediation.
21. Implementation of Approved Remediation Scheme - The approved remediation scheme must be carried out in accordance with its terms prior to commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority.
The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
22. Reporting of unexpected contamination - In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 18, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 19, which is subject to the approval in writing of the Local Planning Authority.
Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 20.
Long-term monitoring and maintenance - A monitoring and maintenance scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of years, and the provision of reports on the same, must be prepared, both of which are subject to the approval in writing of the Local Planning Authority.
Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority.
This must be conducted in accordance with DEFRA and the Environment Agency’s “Model Procedures for the Management of Land Contamination, CLR 11”
Before the development hereby permitted commences the applicant must either:
a) Investigate the site for landfill gas to the satisfaction of the Local Planning Authority (LPA), to ascertain whether gas protection measures are required. Where measures are required, the details shall be submitted to, and approved by, the LPA. or
b) The applicant shall install gas protection measures as a precautionary measure without first investigating the site. The details of these measures shall be submitted to, and approved by, the LPA.
In either circumstance all required measures shall be installed before the development is first occupied and a building surveyors certification that the work has been done will need to be supplied to the LPA.
23. No development shall take place, including any works of demolition, until a Construction Environmental Management Plan (CEMP) has been submitted to, and approved in writing by, the Local Planning Authority. The approved CEMP shall be adhered to throughout the construction period. The CEMP shall provide for:
a. An indicative programme for carrying out of the works
b. The arrangements for public consultation and liaison during the construction works
c. Measures to minimise the noise (including vibration) generated by the construction process to include hours of work, proposed method of piling for foundations, the careful selection of plant and machinery and use of noise mitigation barrier(s)
d. Details of any flood lighting, including location, height, type and direction of light sources and intensity of illumination
e. The parking of vehicles of site operatives and visitors
f. Loading and unloading of plant and materials
g. Storage of plant and materials used in constructing the development
h. The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate
i. Wheel washing facilities
j. Measures to control the emission of dust and dirt during construction
k. A scheme for recycling/disposing of waste resulting from demolition and construction works
24. All ecological measures and/or works shall be carried out in accordance with the details contained in the ecological assessment report by the Ash Partnership dated December 2017 as already submitted with the planning application and agreed in principle with the Local Planning Authority prior to determination.
25. Details of sustainable construction shall be submitted as part of a reserved matters application in relation to condition 1 (reserved matters).
26. With the exception of internal works the building works required to carry out the development allowed by this permission must only be carried out within the following times:-
08.00 - 18.00 Monday to Friday
08.00 - 13.00 on Saturdays
No working on Sundays or Public Holidays.
27. The details required by condition 1 shall include details of location of bin storage and collection. A system must also be included for bin collection so that future residents must present their bins to receive their scheduled collection and that would be presented on the highway (front path) of the access road to the estate adjacent to the public car park within the site.
1. The application is in outline only.
2. The application is in outline only.
3. This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990.
4. This condition is imposed in accordance with the provisions of Section 92 of the Town & Country Planning Act 1990.
5. For the avoidance of doubt and in the interests of proper planning.
6. In the interests of road safety.
7. To secure satisfactory standards of access for the proposed development.
8. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway.
9. In the interests of highway safety and for the benefit and convenience of the public at large.
10. In order that the development site is accessible by non-car modes and to meet the objectives of sustainable development.
11. To encourage and promote sustainable transport.
12. To prevent increased risk of flooding.
13. In line with section 9 of the Planning Practice Guidance to the National Planning Policy Framework (NPPF) for Flood Risk and Coastal Change to prevent flooding elsewhere and reduce the risk of flooding to the proposed development and future occupants.
14. To prevent increased risk of flooding.
15. To prevent increased risk of flooding.
16. To prevent increased risk of flooding.
17. To prevent increased risk of flooding during construction.
18. To prevent increased risk of flooding.
19. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
20. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
21. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
22. To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
23. To safeguard the amenity of adjoining residential amenities during the construction of the development.
24. To prevent harm to protected species.
25. To ensure environmentally sustainable and green development to comply with Hastings Planning Strategy (2014) policies SC3 and SC4.
26. To safeguard the amenity of adjoining residents.
27. To provide waste storage and collection facilities for the residents of the estate.
Notes to the Applicant
1. Failure to comply with any condition imposed on this permission may result in enforcement action without further warning.
2. Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework.
3. A formal application for connection to the public foul sewerage system is required in order to service this development, please contact Southern Water: Developer Services, Southern Water, Southern House, Sparrowgrove, Otterbourne, Hampshire, SO21 2SW. Tel: 0330 303 0119. E-mail: email@example.com.
4. This permission is the subject of an obligation under Section 106 of the Town and Country Planning Act 1990 (as amended).
5. The developer's attention is drawn to the committee report and the consultation responses received as part of the application. Both include comments which will be necessary to take on board when developing a detailed submission.
6. The Developer must ensure that their proposal, both during construction and after completion of works on site, does not:
- encroach onto Network Rail land
- affect the safety, operation or integrity of the company's railway and its infrastructure
- undermine its support zone
- damage the company's infrastructure
- place additional load on cuttings
- adversely affect any railway land or structure
- over-sail or encroach upon the air-space of any Network Rail land
cause to obstruct or interfere with any works or
proposed works or Network Rail development both now and in the
The developer should comply with the following comments and requirements for the safe operation of the railway and the protection of Network Rail's adjoining land.
The development must ensure any future maintenance can be conducted solely on the applicant's land. The applicant must ensure that any construction and any subsequent maintenance can be carried out to any proposed buildings or structures without adversely affecting the safety of, or encroaching upon Network Rail's adjacent land and air-space, and therefore all/any building should be situated at least 2 metres (3m for overhead lines and third rail) from Network Rail's boundary.
The reason for the 2m (3m for overhead lines and third rail) stand off requirement is to allow for construction and future maintenance of a building and without requirement for access to the operational railway environment which may not necessarily be granted or if granted subject to railway site safety requirements and special provisions with all associated railway costs charged to the applicant. Any less than 2m (3m for overhead lines and third rail) and there is a strong possibility that the applicant (and any future resident) will need to utilise Network Rail land and air-space to facilitate works. The applicant / resident would need to receive approval for such works from Network Rail Asset Protection, the applicant / resident would need to submit the request at least 20 weeks before any works were due to commence on site and they would be liable for all costs (e.g. all possession costs, all site safety costs, all asset protection presence costs). However, Network Rail is not required to grant permission for any third party access to its land. No structure/building should be built hard-against Network Rail's boundary as in this case there is an even higher probability of access to Network Rail land being required to undertake any construction / maintenance works. Equally any structure/building erected hard against the boundary with Network Rail will impact adversely upon our maintenance teams' ability to maintain our boundary fencing and boundary treatments.
Storm/surface water must not be discharged onto Network Rail's property or into Network Rail's culverts or drains except by agreement with Network Rail. Suitable drainage or other works must be provided and maintained by the Developer to prevent surface water flows or run-off onto Network Rail's property. Proper provision must be made to accept and continue drainage discharging from Network Rail's property; full details to be submitted for approval to Network Rail Asset Protection. Suitable foul drainage must be provided separate from Network Rail's existing drainage. Soakaways, as a means of storm/surface water disposal must not be constructed near/within 10-20 metres of Network Rail's boundary or at any point which could adversely affect the stability of Network Rail's property. After the completion and occupation of the development, any new or exacerbated problems attributable to the new development shall be investigated and remedied at the applicants' expense.
Plant & materials
All operations, including the use of cranes or other mechanical plant working adjacent to Network Rail's property, must at all times be carried out in a 'fail safe' manner such that in the event of mishandling, collapse or failure, no plant or materials are capable of falling within 3.0m of the boundary with Network Rail.
Any scaffold which is to be constructed within 10 metres of the railway boundary fence must be erected in such a manner that at no time will any poles over-sail the railway and protective netting around such scaffold must be installed. The applicant/applicant's contractor must consider if they can undertake the works and associated scaffold/access for working at height within the footprint of their property boundary.
Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for approval to Network Rail Asset Protection prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.
In view of the nature of the development, it is essential that the developer provide (at their own expense) and thereafter maintain a substantial, trespass proof fence along the development side of the existing boundary fence, to a minimum height of 1.8 metres. The 1.8m fencing should be adjacent to the railway boundary and the developer/applicant should make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail's existing fencing / wall must not be removed or damaged and at no point either during construction or after works are completed on site should the foundations of the fencing or wall or any embankment therein, be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail's boundary must also not be disturbed. Any fencing installed by the applicant must not prevent Network Rail from maintaining its own fencing/boundary treatment.
Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. The developers should obtain Network Rail's approval of their detailed proposals regarding lighting.
Noise and vibration
The potential for any noise/ vibration impacts caused by the proximity between the proposed development and any existing railway must be assessed in the context of the National Planning Policy Framework which hold relevant national guidance information. The current level of usage may be subject to change at any time without notification including increased frequency of trains, night time train running and heavy freight trains.
Where a proposal calls for hard standing area / parking of vehicles area near the boundary with the operational railway, Network Rail would recommend the installation of a highways approved vehicle incursion barrier or high kerbs to prevent vehicles accidentally driving or rolling onto the railway or damaging lineside fencing.
Network Rail strongly recommends the developer contacts Network Rail Asset Protection London South East at AssetProtectionsussex@networkrail.co.uk prior to any works commencing on site, and also to agree an Asset Protection Agreement with us to enable approval of detailed works. More information can also be obtained from our website at www.networkrail.co.uk/aspx/1538.aspx.
7. Conflicts between the bus cage and the proposed access to Bexhill Road are outstanding, which could impact on the westbound visibility at the access.
This must be addressed by moving the bus cage westwards as part of a reserved matters application. Given the status of the bus corridor project, it is considered that any works including the proposed double yellow lines, right turn pocket and amended bus stops would be the responsibility of the applicant and would need to be agreed with East Sussex County Council on 01273 48225
8. The applicant is advised that the access roads must be able withstand the weight of a 26 ton vehicle and a system must be in place to prevent car parking at the front of the estate entrance to prevent overcrowding of vehicles which could block the entrance and prevent refuse collections.
9. The applicant is required to enter into a formal easement agreement with Southern Water, to protect the foul water rising mains crossing the site.
Please note no structures/building or foundation works will be permitted within the easement strips areas. Southern Water will require 24 hours a day, 7 days a week access to the land to maintain our critical apparatus.
10. The applicant is advised to contact the Transport Development Control Team (01273 482254) to commence the process associated with the proposed Traffic Regulation Order. The applicant would be responsible for meeting all costs associated with this process, which is a minimum of £5000. The applicant should note that the outcome of this process cannot be guaranteed as it is open to public objection.
- MAP_HS_OA_19_00153_Land Rear 419-447 Bexhill Road, item 128c PDF 490 KB
- HS-OA-19-00153 Land to the Rear of 419 to 447 Bexhill Road, item 128c PDF 205 KB